Legal Question in Wills and Trusts in California

I believe, and this is my opinion only, that the traveller checks are not yours because your friend never consummated the act of giving or "gifting" the checks to you by writing your name on the checks. He may have had the intention of doing so, but that transfer never occurred. Therefore, the checks remained in this estate. The name on the check does not constitute a will either.

Even if he had not written your name on the checks, if he had physically transferred the checks to you, then you could argue that the transfer of the checks were completed. But that didn't happen.

I respectfully disagree. In these circumstances, it is important to try to ascertain the intent of the deceased. It is my opinion that he intended to leave you his personal belongings and in the personal belongings, the envelope with your name on it and the checks inside. I believe that they belong to you under the will. Your friend intended to give you possessions at death. He would not write your name on the travellers checks while alive because perhaps he would have used them and then they would not be part of his estate at death. But they were not used, remained in an envelope with your name on it and your friend desired to leave you his personal belongings. It is my opinion that your friend's intent was that you be given the checks and an error has been made by the trustee in keeping them. This opinion is only based on the brief facts that you have given and of course, the trustee might have other facts supporting his reasoning. The problem is whether you have any recourse to obtain the checks and absent fighting the trustee on an issue that as you can see, attorneys even disagree on, it is probably not cost effective. Perhaps suggest that you split the checks in an attempt at fairness and carrying out your friends wishes. Good luck.